The Texas Supreme Court has issued a tentative opinion that the American Bar Association “should no longer have the final say on whether a law school’s graduates are eligible to sit for the Texas bar exam and become licensed to practice law,” according to a recent order.

While the matter has not been settled, it would undercut ABA as an accreditor at a time when conservative political figures, including Education Secretary Linda McMahon, have argued that the American Bar Association and others have too much power and need more competition. 

But how other accreditors, or the Supreme Court, would provide oversight in place of the ABA remains unclear. However, the opinion notes that while it is reasserting its authority over law school approvals, the court has no plans “to impose additional accreditation” or other administrative burdens and “may consider, in the future, returning to greater reliance on a multi-state accrediting entity other than the ABA should a suitable entity become available.”

The tentative opinion follows an April announcement by the Texas Supreme Court that it was considering eliminating ABA requirements for licensure, prompting pushback from law schools. But despite those concerns, the Texas Supreme Court appears to be moving ahead. 

The Texas Supreme Court has asked members of the public to submit comments on a proposal that would undermine the ABA’s oversight of law schools in the state by Dec. 1. Proposed changes would be enacted in January, after the comment period closes, according to the order.

Jenn Rosato Perea, ABA managing director of accreditation and legal education, wrote in a statement to Inside Higher Ed that the organization is “reviewing the implications of the order.” She added that the ABA will provide comments to the Texas Supreme Court about the proposed change.